HomeMy WebLinkAboutC8. Findings of Fact Mandeville
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Wendy Thomas, Director of Community Development SUBJECT: Gordon Mandeville State School Section Minor Subdivision
Preliminary Plat Findings of Fact and Order, Application No. 15-
449 MEETING DATE: January 25, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Gordon Mandeville Street School Section Minor Subdivision Preliminary Plat Application. BACKGROUND: On December 28, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Gordon Mandeville State School Section
Subdivision. The Commission voted unanimously to approve the proposed subdivision subject
to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall “provide a
written statement to the applicant detailing the circumstances of the condition imposition.” The
statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies
the condition imposition; and 3) information regarding the appeal process for the condition
imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Preliminary Plat Report compiled on: January 15, 2016
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Return to:
City of Bozeman
City Clerk PO Box 1230
Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR
THE MANDEVILLE STATE SCHOOL SECTION MINOR SUBDIVISION
PRELIMINARY PLAT, 15-449
Public Hearing Date: City Commission meeting is on December 28, 2015 at 12:00 pm
Project Description: A preliminary plat application to subdivide 3.36 acres into two (2) light
manufacturing zoned lots. No parkland, open space or streets are proposed.
Project Location: The property is zoned M-1 (Light Manufacturing District). The property is
addressed at 2360 North 7th Avenue and legally described as Lot 18A of the Amended
Plat of the Gordon Mandeville State School Section Subdivision, located in the Southeast
One-Quarter (SE ¼) of Section 36, Township One South (T1S), Range Five East (R5E),
P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions.
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 15-449 and move to approve the Gordon Mandeville State
School Section Minor Subdivision Preliminary Plat with conditions and subject to all
applicable code provisions.”
Report Date: January 20, 2016
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues at this time.
Project Summary
The property owner, Powder River Company, LLC, 1000 Abigail Ranch Road, Bozeman, MT
59715, represented by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman
MT 59718 submitted an application to further subdivide 3.36 acres into two light industrial
zoned lots. No parkland is required. No additional streets or similar improvements are requested
or required with the proposed subdivision. Additionally, no subdivision or zoning variances are
requested with this application.
This is a first minor subdivision from a tract of record. The final decision for a first minor
subdivision Preliminary Plat must be made within 35 working days of the date it was deemed
adequate; or in this case by December 29, 2015.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
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SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 13
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B–PROJECT DESCRIPTION AND BACKGROUND .......................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
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SECTION 1 - MAP SERIES
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SECTION 2 – REQUESTED VARIANCES
No subdivision or zoning variances are requested with this preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application.
Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The plat shall conform to the Uniform Standards for Certificates of Survey and Subdivision
Plats under the Administrative Rules of Montana (ARM 24.183.1104). Existing property
lines should be different than those of new property lines and labeled.
4. Prior to final plat approval an executed waiver of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and
of record with the Gallatin County Clerk and Recorder, unless already filed with annexation.
5. Plat notes shall be included on the Conditions of Approval sheet to inform future land owners
that the Lot 18-A-2 has limited development options due to the extraordinary number and
area of existing easements.
Federal, state, and local plans, policies, regulations, and/or conditions of
subdivision approval that may limit the use of the property, including the location,
size, and the use are shown on the Conditions of Approval sheet or as otherwise
stated.
Buyers of property are strongly suggested that they have obtained and reviewed
all sheets of the plat and all documents recorded and filed in conjunction with the
plat. Buyers of property are strongly encouraged to contact the local planning
department and become informed of any limitations on the use of the property
prior to closing.
6. The applicant must demonstrate that the proposed easement for the shared access is sufficient
to allow vehicular entrance and egress to both lots without encroaching on areas with no
easement.
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7. Plat note shall be included on the Conditions of Approval sheet to inform future land owners
that service mains are not installed to Lot 18-A-2.
Buyers of Lot 18-A-2 are on notice that water and sewer service mains are NOT
installed to the perimeter of the property.
8. Although not a requirement, the applicant is encouraged to consider relocating the existing
sanitary sewer services on Lot 18-A-2 near the edges of the lot. The proposed lot 18-A-2 is
already heavily encumbered by easements, and the proposed sanitary sewer easements
located through the center of the lot will further encumber the lot.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Gordon Mandeville State School Section Minor Subdivision
Preliminary Plat
File: 15-449
The Development Review Committee (DRC) reviewed the Preliminary Plat application on
October 28 and November 4, 2015. On November 4, 2015 the DRC determined the application
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision; and as a result, finds that the application, with the recommended
conditions of approval, is in compliance with the adopted growth policy, the Montana
Subdivision and Platting Act and the Unified Development Code.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended condition no. 3 the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearing before the City Commission has been properly noticed as required by the Bozeman
UDC. Based on the recommendation of the Development Review Committee (DRC) and other
applicable review agencies, as well as any public testimony received on the matter, the City
Commission will make the final decision on the applicant’s request.
A preliminary plat application was submitted to the Department of Community Development on
October 8, 2015 and was deemed acceptable for initial review on November 4, 2015. The
preliminary plat was reviewed by the DRC on October 28 and November 4, 2015. The DRC and
Staff determined the submittal contained detailed and supporting information that is sufficient to
allow for the review of the proposed subdivision on November 4, 2015. All supplemental
information under 38.41.060, BMC was found to be satisfactory.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
December 13, 2015. The site was posted with a public notice on December 9, 2015. Public
notice was sent to property owners of record within 200 feet of the subject property via first class
mail, on December 9, 2015. No comment has been received as of the production date of this
report.
On December 18, 2015, this subsequent minor subdivision staff report was drafted and
forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission. The Commission is scheduled to make
a final decision at their December 28, 2015 public hearing. The final decision for a first minor
subdivision Preliminary Plat must be made within 35 working days of the date it was deemed
adequate; or in this case by December 29, 2015.
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4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Some conditions of approval are noted to complete the application
processing as the project proceeds to final plat. Pertinent code provisions and site specific
requirements are included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding no. 2 above and required by Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as an industrial area according to the City of Bozeman
Community Plan. The property is zoned for light industrial development and is within a
developed commercial corridor. Therefore, this subsequent subdivision will have no adverse
effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. The property is
designated as an industrial area according to the City of Bozeman Community Plan. The
property is zoned for light industrial development and is within a developed commercial
corridor, and has already been partially developed. Therefore, this subdivision will have no
adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways, North
7th Avenue. Subsequent development plans for the undeveloped property is undetermined at this
time. Due to variety of activities associated with industrially zoned properties, properly sized
water and sewer mains cannot be determined. Therefore, to minimize impacts and damage to the
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street and insure the installation of correct sizing of the services mains a plat note informing
future property owners of the requirement that water/sewer services are required is included with
Condition 7 as permitted by Section 38.34.010.E.1, BMC.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. No additional streets or access roads are required with this subdivision.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval.
Parkland –Parkland is not required with this industrial subdivision.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing commercial lot will have little to no impacts on wildlife
and wildlife habitat. Further, the project is in an area identified for development.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 10, 2015.
Numerous waivers were requested by the applicant from Section 38.41.060 “Additional
Subdivision Preliminary Plat Supplements” with the pre-application plan review application.
The Development Review Committee granted the following waivers with the Preliminary Plat
Application:
1) Surface Water,
2) Floodplains,
3) Groundwater, and
4) Geology-soils-slopes,
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5) Vegetation,
6) Wildlife,
7) Historical Features,
8) Agriculture,
9) Agricultural Water User Facilities,
12) Streets, roads and alleys,
14) Educational Facilities.
16) Parks and recreational facilities,
17) Neighborhood center plan,
18) Lighting plan.
19) Miscellaneous,
20) Affordable Housing,
A waiver to the supplemental information for the following are not granted:
10) Water and Sewer,
11) Stormwater management,
13) Utilities, and
15) Land use
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. There are no areas of surface water within the
subdivision.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. There are no floodway or flood plain areas
within 2,000 horizontal feet of the subdivision.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. Groundwater is estimated at 4 to 5 feet. Map C
in the application materials shows depth to groundwater in and around the vicinity of the site.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. There are no known geologic hazards associated
with the site. The property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. The property is
designated as an industrial area according to the City of Bozeman Community Plan. The
property is zoned for light industrial development and is within a developed commercial
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corridor. Although there are incidental small animals residing on this and adjacent property infill
development within the City limits will occur.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. There are no
known cultural resources historical structures existed on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. There are no agricultural water user facilities on
or adjacent to the subject property.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. The City provides service for the existing building located on proposed Lot 18-A-
1. Industrial uses require a wide range of water and sewer demands. No building or uses are
proposed to be constructed with this application. Therefore, the service stubs should not be
constructed until a future site plan is submitted to ensure the correct sizing of the services. As
such, a security must be provided for the services per Bozeman Municipal Code (BMC) Section
38.39.050.C.2 which can be provided by a restrictive plat note (Condition No. 7).
38.41.060.A.11 Stormwater Management
A stormwater management plan was provided for the existing building and parking on the
property. It is anticipated that a stormwater management plan will be provided for the proposed
Lot 18-A-2 at the time of site plan review for that lot.
38.41.060.A.12 Streets, Roads and Alleys
No new streets, roads or alleys are proposed with this preliminary plat. Future development of
proposed Lot 18-A-2 will require the construction of a drive access meeting the requirements of
Section 38.24.090, BMC.
To insure that the proposed easement for the shared access is sufficient to allow vehicular
entrance and egress to both lots without encroaching on areas with no easement for Lot 18-A-1
and 18-A-2 Condition No. 6 is included to allow for the additional setbacks for Minor Arterial
streets.
38.41.060.A.13 Utilities
Utilities are located adjacent to and within the site. The preliminary plat shows the required 10
foot utilities easements fronting U.S. Highway 10. Typical utility providers were contacted to
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insure the site can be served and responses indicating additional utility capacity is available were
included with the preliminary plat submittal.
38.41.060.A.14 Educational Facilities
As this is an industrial subdivision, educational enrollment is not affected.
38.41.060.A.15 Land Use
The two proposed lots comply with the existing zoning designation of M-1.
38.41.060.A.16 Parks and Recreation Facilities
The development is planned for industrial development and therefore, parkland is not required.
However, as required an executed waiver the right to protest the creation of special improvement
districts (SIDs) for a park maintenance district will be required to be filed and of record with the
Gallatin County Clerk and Recorder, unless already filed with annexation (Condition No. 4).
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not included or required with this subdivision. The subdivision does
not meet the requirements to require a neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting
is being proposed with this subdivision.
38.41.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified hazards in
proximity to the subject property.
38.41.060.A.20 Affordable Housing
The Workforce Housing requirements, Article 10.8, BMC, have been suspended by the City
Commission.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a minor subdivision for
the subdivision of 3.36 acres into two industrially zoned lots.
B. The purpose of the preliminary plat review was to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
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DATED this _______day of , 2016.
BOZEMAN CITY COMMISSION
_________________________________
Carson Taylor
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “M-1” (Light Manufacturing District). The intent of the M-1 light
manufacturing district is to provide for the community's needs for wholesale trade, storage and
warehousing, trucking and transportation terminals, light manufacturing and similar activities.
The district should be oriented to major transportation facilities yet arranged to minimize adverse
effects on residential development, therefore, some type of screening may be necessary.
Adopted Growth Policy Designation:
The property is designated as “Manufacturing” in the Bozeman Community Plan. The Plan
indicates that “This classification provides areas for the uses which support an urban environment
such as manufacturing, warehousing, and transportation hubs. Development within these areas is
intensive and is connected to significant transportation corridors. In order to protect the economic
base and necessary services represented by industrial uses, uses which would be detrimentally
impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas
are part of the larger community and shall meet basic standards for landscaping and other site design
issues and be integrated with the larger community. In some circumstances, uses other than those
typically considered industrial have been historically present in areas which were given an industrial
designation in this growth policy. Careful consideration must be given to public policies to allow
these mixed uses to coexist in harmony.”
APPENDIX B–PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner Powder River Company, represented by C&H Engineering and Surveying,
Inc., submitted a preliminary plat application to further subdivide 3.36 acres into two light
industrial zoned lots. No parkland is required. No additional streets or similar improvements are
requested or required with the proposed subdivision. Additionally, no subdivision or zoning
variances are requested with this application.
This is a first minor subdivision from a tract of record.
Project Background
The parent tract (Lot 18) was created in 1954 by the Gordon Mandeville State School Section
Subdivision which included a drive in theater on Lots 16 and 17. Lot 18 was further subdivided
to create three (3) lots; Lot 18-A, 18-B, and a utility lot for Montana Power Company in 1986.
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A subdivision pre-application for the subject property was submitted on May 6, 2015. The pre-
application was reviewed by the Development Review Committee (DRC) on May 27, June 3 and
June 10, 2015 and summary review comments were forwarded to the applicant in preparation of
the preliminary plat application. Numerous waivers for supplemental information under
38.41.060, BMC were granted.
A preliminary plat application was submitted on October 8, 2015. The preliminary plat was
reviewed by the DRC on October 28 and November 4, 2015. The DRC and Staff determined the
submittal contained detailed and supporting information that is sufficient to allow for the review
of the proposed subdivision on November 4, 2015. All supplemental information under
38.41.060, BMC was found to be satisfactory.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
December 13, 2015. The site was posted with a public notice on December 9, 2015. Public
notice was sent to property owners of record within 200 feet of the subject property via first class
mail, on December 9, 2015. No comment has been received as of the production date of this
report.
On December 18, 2015, this subsequent minor subdivision staff report was drafted and
forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission. The Commission is scheduled to make
a final decision at their December 28, 2015 public hearing. The final decision for a first minor
subdivision Preliminary Plat must be made within 35 working days of the date it was deemed
adequate; or in this case by December 29, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Powder River Company, LLC, 1000 Abigail Ranch Road, Bozeman, MT 59715
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT
59718
Report By: Tom Rogers, AICP, Senior Planner
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